Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21287 of 2020 Arising Out of PS. Case No.-1056 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== AJAY RAI Son of Goni Rai Resident of Village - Maksudpur, P.S.- Manipur, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Surendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Ahiyapur P.S. Case No. 1056 of 2019 for offences under Sections 272, 273 IPC and 30(a), 36, 38 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case total 79.530 liters of liquor was seized from a Tata Tigor Car. The petitioner is neither owner of the liquor nor the owner of the car. His name was disclosed by the driver of the car, who was apprehended by the police during search and seizure. Considering the fact that the petitioner has no criminal antecedent and he is neither owner of the vehicle wherefrom

Patna High Court CR. MISC. No.21287 of 2020(2) dt.21-07-2020 2/2 the liquor was seized nor the owner of the seized liquor, the Court is inclined to grant bail to him, subject to the condition that the petitioner has to deposit Rs.25,000/- cash and on depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1056 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) spandey/- U T